Anisa Khatoon v. Govt Of NCT Of Delhi & ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1375/2016 ANISA KHATOON ..... Petitioner Through:

Mohd. Ataher Khan, Mr. Syed Irfan Alam and Ms. Sana Khan, Advocates versus GOVT OF NCT OF DELHI & ORS ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel with Mr. Amrit Singh and Mr.

Shekhar Budakoti, Advocates and Insp. Anand Yadav, P.S Jamia Nagar

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 01.06.2016 This is a petition under Article 226 of the Constitution of India. The petitioner is the mother of Rubina, wife of respondent No.4, daughter-in-law of respondent No.2 and sister-in-law of respondent No.6.

We may notice, at this stage, that the petitioner and respondent No.6 are divorced. The complaint of the petitioner in this writ petition is that her daughter Rubina is being illegally detained by her husband and brother of her husband, respondents No. 7 and 8. Her daughter had left the matrimonial home on account of a marital discord.

We had directed presence of Rubina, her husband, her father and her father's brother. We have interacted with Rubina, her husband, her mother and also her father's brother. Rubina submits that she does not wish to stay either with her father or with her husband. She wishes to join the company of her mother. Rubina's husband submits that he is willing to reconcile with her for which he would take appropriate steps. Rubina, being major, is free to join the company of her mother.

We direct all the parties to ensure that there is no interference and none of the parties threaten each other. It will be open for Rubina's husband to recourse to such remedies as may be available to him in accordance with law. Respondent No.8 submits that in future the petitioner would be liable for the welfare of Rubina. No further orders need to be passed in the petition. The petition stands disposed of.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J JUNE 01, 2016 Aj